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Appeals court weighs eviction appeal over habitability, disability accommodation and stipulation process
Summary
The court heard competing claims in an eviction appeal: tenants argued the landlord failed to repair health-and-safety violations and that a disabled co-tenant was denied a reasonable accommodation; the landlord said tenants waived defenses in a stipulated agreement reached through housing-court mediation.
The Appeals Court heard arguments Feb. 13 in PRI Old Mill Glen LLC v. Sawyer (docket 24P594), an eviction appeal in which tenants challenged a trial judge’s finding that the housing-code and habitability complaints were de minimis and in which defense counsel pressed that a disabled co-tenant — identified in the record as Tyler Sawyer — was effectively denied a reasonable accommodation and a chance to participate in the trial.
Brett Thompson, representing tenants James and Tyler Sawyer, told the panel that undisputed Board of Health inspection reports showed a defective bathroom ventilation system and other sanitation issues the board had identified…
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